Sawyer v Vice-Chancellor of Victoria University of Wellington

[2019] NZHC 2419

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2018-485-491

[2019] NZHC 2419

BETWEEN

CAROLINE ANN SAWYER

Plaintiff

AND

VICE-CHANCELLOR OF VICTORIA UNIVERSITY OF WELLINGTON

First Defendant

AND

GEOFFREY COLIN DAVENPORT

Second Defendant

AND

JOHANNA GRACE DRAYTON

Third Defendant

AND

PENELOPE JANE RYDER LEWIS

Fourth Defendant

AND

GREGORY PETER LLOYD

Fifth Defendant

AND

MARY THERESE SCHOLTENS

Sixth Defendant

AND

EMPLOYMENT RELATIONS AUTHORITY

Seventh Defendant

On the papers

Counsel:

Plaintiff in person

M T Scholtens for First and Second Defendant L Castle for Third Defendant

H E Bridgman for Fourth Defendant P J Gunn for Seventh Defendant

Judgment:

24 September 2019

JUDGMENT OF GRICE J

(Costs)

SAWYER v VICE-CHANCELLOR OF VICTORIA UNIVERSITY OF WELLINGTON [2019] NZHC 2419

[24 September 2019]

[1]                 On 29 August 2019 I issued a judgment striking out the pleadings insofar as they related to claims against the Vice-Chancellor of Victoria University of Wellington (the Vice-Chancellor) and Mr Davenport.1

[2]                 I directed that if the parties were unable to agree on costs memoranda should be filed by the Vice-Chancellor and Mr Davenport within seven days of the date of delivery of the judgment and Ms Sawyer was to respond on or before a further seven days.

[3]                 The Vice-Chancellor and Mr Davenport have filed a memorandum dated 3 September 2019 indicating they seek costs and a determination by the Court in that regard. No memorandum on costs has been filed by Ms Sawyer in accordance with the timetable.

[4]                 The Court has a discretion to award costs in accordance with principles set out in rr 14.1, 14.2, 14.8 and 14.12 of the High Court Rules 2016. The starting position is that costs follow the event and should be granted in the usual course. I can see no reason why costs should not be granted in this case. The pleadings against the Vice- Chancellor and Mr Davenport were struck out in their entirety.

[5]                 I am satisfied that 2B costs are appropriate for this matter. That is also the level of costs sought by the Vice-Chancellor and Mr Davenport.

[6]                 Both defendants note that they consider there are strong grounds to seek a higher award of costs than scale due to the multiple (four) amended statements of claim filed by Ms Sawyer, as well as the density of and attendant difficulty in understanding the pleadings. However, in order to achieve an expeditious resolution of costs, they seek only awards of scale costs.

[7]                 The Vice-Chancellor and Mr Davenport’s claims for costs have been tailored to ensure there is no duplication, given that Ms Scholtens QC appeared for both at the defended hearing.

1      Sawyer v Vice-Chancellor of Victoria University of Wellington [2019] NZHC 2149.

[8]                 The Vice-Chancellor claims scale costs. I have adjusted the claim to reflect the fact that only 50 per cent of the costs claimed for the submissions (one set for both defendants)  and  the  bundle (there was only one) is allowed.   The adjusted  claim is

$12,667.2    He also seeks disbursements of $2,210 to account for the hearing fee as

well as the filing fee for the application protesting jurisdiction and interlocutory application for strike out. The total costs and disbursements award he seeks is therefore $14,877.

[9]                 For Mr Davenport I also allow $12,667. He also seeks disbursements of $610 being the filing fee for the protest as to jurisdiction and the application to strike out. The total costs and disbursements award in his favour is $13,277.

[10]In fixing the costs I have relied on the calculations in counsel’s memorandum.

[11]              The attendances claimed by each defendant appears reasonable for the work involved.

[12]              In relation to the Vice-Chancellor, scale costs are awarded of $12,667 together with disbursements totalling $2,210 are awarded in his favour.

[13]In relation to Mr Davenport, costs of $12,667 together with disbursements of

$610 are awarded in his favour.

Grice J

2      I have adjusted this amount to reflect the fact that only a single set of submissions and a single bundle of documents was filed by both the Vice-Chancellor and Mr Davenport. The time allocated for these matters, 1.5 and 2 days, has been halved.